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THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 348/2025/ND-CP
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Hanoi, December 30, 2025
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DECREE
AMENDMENTS TO SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 45/2019/ND-CP
DATED MAY 21, 2019 ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST
REGULATIONS ON TOURISM, AMENDED BY DECREE NO. 129/2021/ND-CP
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Handling of Administrative Violations No. 15/2012/QH13 amended by Law No.
67/2020/QH14 and Law No. 88/2025/QH15;
Pursuant to the Law on
Tourism No. 09/2017/QH14;
At the request of the
Ministry of Culture, Sports and Tourism;
The Government
promulgates Decree on amendments to some articles of the Government’s Decree
No. 45/2019/ND-CP dated May 21, 2019 on penalties for administrative violations
against regulations on tourism, amended by Decree No. 129/2021/ND-CP.
Article
1. Annulment of the phrase in Article 6
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Article
2. Amendments to and annulment of some points and clauses of Article 7
1. Point d clause 5 is
annulled.
2. Point c clause 13 is
annulled.
3. Clause 13a shall be
added after clause 13 as follows:
“13a. In case the
tour operator lets tourists stay abroad or hide in Vietnam illegally, it
shall face the penalty in accordance with point d clause 9 Article 21 of the
Government’s Decree No. 282/2025/ND-CP dated October 30, 2025.”
4. Phrases in some points
of clause 15 shall be added or replaced as follows:
a) The phrase “điểm b và
điểm c” (points b and c) shall be added before the phrase “khoản 11"
(clause 11) in point a.
b) The phrase “khoản 13”
(clause 13) shall be replaced by the phrase “điểm b khoản 13" (point b
clause 13) in point b.
c) The phrase “điểm a và
điểm b” (points a and b) shall be added before the phrase “khoản 9"
(clause 9) in point d.
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1. The phrase “điểm b và”
(point b and) in point a clause 10 shall be annulled.
2. Point b clause 10
shall be annulled.
Article
4. Replacement of the phrase in Article 10
The phrase “điểm a và điểm
b” (points a and b) shall be replaced by the phrase “điểm a hoặc điểm b"
(point a or b) in clause 7.
Article
5. Annulment of clause 5 in Article 12
Article
6. Amendments to Article 19
“Article 19.
Jurisdiction of Vietnam Maritime Inspectorate
1. Inspector of
Vietnam Maritime Inspectorate has the jurisdiction to:
a) Issue warning;
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c) Confiscate any exhibit
or mean used for commission of administrative violation if its value does not
exceed VND 10.000.000.
2. Chief of inspectorate
under Vietnam Maritime Inspectorate has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 25.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation;
d) Implement remedial
measures specified in Article 4 of this Decree.
3. Chief Inspector of Vietnam
Maritime Inspectorate has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 40.000.000;
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d) Confiscate any exhibit
or mean used for commission of administrative violation;
dd) Implement remedial
measures specified in Article 4 of this Decree.”.
Article
7. Amendments to Article 20
“Article 20.
Jurisdiction of Chairpersons of People’s Committees
1. The Chairperson of People’s
Committee of commune, ward or special zone (hereinafter referred to as
"commune-level People’s Committee) has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 25.000.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
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2. The Chairperson of
People’s Committee of province or city (hereinafter referred to as
"provincial People’s Committee) has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 50.000.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
dd) Implement remedial
measures specified in Article 4 of this Decree.”.
Article
8. Amendments to Article 21
“Article 21.
Jurisdiction of market surveillance authorities
1. On-duty market
surveillance official has the jurisdiction to:
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b) Impose a fine of up to
VND 5.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value does not
exceed VND 10.000.000.
2. Leader of Market
Surveillance Team under Sub-Department of Market Surveillance affiliated to
Department of Industry and Trade has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 15.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value does not
exceed VND 30.000.000.
d) Implement remedial
measures specified in Article 4 of this Decree.
3. Director of
Sub-Department of Market Surveillance or Head of Market Surveillance Division
under Agency for Domestic Market
Surveillance and Development has the jurisdiction to:
a) Issue warning;
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c) Confiscate any exhibit
or mean used for commission of administrative violation;
d) Suspend license or
practicing certificate or operation for a fixed period;
dd) Implement remedial
measures specified in Article 4 of this Decree.
4. Director of Agency for
Domestic Market Surveillance and Development has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 50.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation;
d) Suspend license or
practicing certificate or operation for a fixed period;
dd) Implement remedial
measures specified in Article 4 of this Decree.”.
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“Article 22. Jurisdiction
of Border Guards
1. On-duty border guard
soldier has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 2.500.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value does not exceed
VND 5.000.000.
2. Leader of the soldiers
specified in clause 1 of this Article has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 5.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value does not
exceed VND 10.000.000.
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a) Issue warning;
b) Impose a fine of up to
VND 7.500.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value does not
exceed VND 15.000.000.
4. Captain of Border
Guard Station, Leader of Coastal Guard Team, or Commander of Border Guard at
Harbor Checkpoint has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 15.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value does not
exceed VND 30.000.000;
d) Implement remedial
measures specified in Article 4 of this Decree.
5. Leader of the Drug and
Crime Prevention and Control Task Force under the Drug and Crime Prevention
Department of the Border Guard Command has the jurisdiction to:
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b) Impose a fine of up to
VND 25.000.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
dd) Implement remedial
measures specified in Article 4 of this Decree.
6. Commanding Officer of
Border Guard Command; Captain of Naval Border Guard Squadron, and Director
of the Drug and Crime Prevention Department affiliated to the Border Guard
Command has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 50.000.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
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Article
10. Amendments to Article 23
“Article 23.
Jurisdiction of Coastguard
1. On-duty coastguard
officer has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 2.500.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value does not
exceed VND 5.000.000.
2. Leader of coastguard
team has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 5.000.000;
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3. Coastguard squad
leader or captain of coastguard station has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 10.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value does not
exceed VND 20.000.000.
4. Commander of
coastguard platoon has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 15.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value does not
exceed VND 30.000.000;
d) Implement remedial
measures specified in Article 4 of this Decree.
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a) Issue warning;
b) Impose a fine of up to
VND 25.000.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
dd) Implement remedial
measures specified in Article 4 of this Decree.
6. Regional Command of
Coast Guard or Director of the Department of Operations and Legislation under
the control of the Command of Coast Guard of Vietnam has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 40.000.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
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dd) Implement remedial
measures specified in Article 4 of this Decree.
7. Commander of Vietnam
Coast Guard has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 50.000.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
dd) Implement remedial
measures specified in Article 4 of this Decree.”.
Article
11. Amendments to Article 24
“Article 24.
Jurisdiction of People’s Police Force
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a) Issue warning;
b) Impose a fine of up to
VND 5.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value does not
exceed VND 10.000.000.
2. Head of company-level
Mobile Police Unit has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 10.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value does not
exceed VND 20.000.000.
3. Head of Police Post,
Head of Battalion-level Mobile Police Unit, Captain of Squadron, Head of
police station or Leader of the officers has the jurisdiction to:
a) Issue warning;
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c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation if its value does not
exceed VND 30.000.000;
4. Commune-level Police
Chief has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 25.000.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
dd) Implement remedial
measures specified in Article 4 of this Decree.
5. Head of International
Airport Police Office; Heads of professional divisions affiliated to Bureau of
Homeland Security; Heads of professional divisions affiliated to Bureau of
Internal Political Security; Heads of professional divisions affiliated to
Bureau of Economic Security; Heads of professional divisions affiliated to
Police Bureau for Administrative Management of Social Order; Heads of
professional divisions affiliated to Bureau of Traffic Police; Heads of
professional divisions affiliated to Police Bureau of Fire Prevention and
Rescue; Heads of professional divisions affiliated to Bureau of Cybersecurity
and High-Tech Crime Prevention and Control; Heads of professional divisions
affiliated to Bureau of Immigration; Heads of Divisions affiliated to the
provincial Police Authority, including Head of Home Security Division, Head of
Internal Political Security Division, Head of Police Division for
Administrative Management of Social Order, Head of Police Divisions for
Investigation into Social Order Crimes, Head of Police Division for
Investigation into Corruption, Economic, Smuggling and Environment Crimes, Head
of Police Division for Investigation into Drug-related Crimes, Head of Traffic
Police Division, Head of Mobile Police Division, Head of Police Division for
Execution of Criminal Judgments and Judicial Assistance, Head of Police
Division for Fire Prevention, Fire Fighting and Rescue, Head of Division of
Cybersecurity and High-Tech Crime Prevention and Control, Head of Immigration
Division, Head of Economic Security Division, Head of Foreign Security
Division, Chief of Office of the Investigation Police Agency affiliated to the
provincial Police Authority have the jurisdiction to:
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b) Impose a fine of up to
VND 40.000.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
dd) Implement remedial
measures specified in Article 4 of this Decree.
6. Director of the
provincial police authority has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 50.000.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
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7. Director of Internal
Political Security Bureau, Director of Economic Security Bureau, Chief of the Office
of the Police Investigation Agency affiliated to the Ministry of Public
Security, Director of Police Bureau of Administrative Management of Social
Order, Director of Police Bureau of Investigation into Social Order-related
Crimes, Director of Police Bureau of Investigation into Corruption, Economy and
Smuggling-related Crimes, Director of Police Bureau of Investigation into
Drug-related Crimes, Director of Police Traffic Bureau, Director of Police
Bureau of Fire Prevention and Rescue, Director of Police Bureau of
Environmental Crime Prevention, Director of Bureau of Cybersecurity and
High-Tech Crime Prevention and Control, Director of Home Security Bureau,
Director of Police Bureau for Managing Custody, Temporary detention and
Criminal judgment Execution in the Community; Director of Bureau of
Immigration; Mobile Police Command, Director of the National Data Center has
the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 50.000.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
dd) Implement remedial
measures specified in Article 4 of this Decree.”.
Article
12. Addition of Article 24a
“Article 24a. Jurisdiction
of Heads of authorities performing state management tasks by fields and sectors
1. Director of Road
Management Unit affiliated to Department for Roads of Vietnam; Director of
Northern Maritime and Waterway Branch; Director of Southern Maritime and
Waterway Branch has the jurisdiction to:
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b) Impose a fine of up to
VND 25.000.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
dd) Implement remedial
measures specified in Article 4 of this Decree.
2. Director of Department
of Culture, Sports and Tourism; Director of Department of Tourism; Director of
Department of Industry and Trade; Director of Department of Construction; Chief
of Inspectorate established by Director of the Vietnam National Authority of
Tourism; Chief of Inspectorate established by Director of Department for Roads
of Vietnam; and Chief of Inspectorate established by Director of Vietnam
Maritime and Waterway Administration has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 40.000.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
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3. Director of Vietnam
Maritime and Waterway Administration; Director of Department for Roads of
Vietnam; Director of Department of Environment; Director of Department of Overseas
Labour; Director of Vietnam National Authority of Tourism; Chief of Office of
the Ministry of Culture, Sports and Tourism; Chief of Inspectorate established
by the Minister of Culture, Sports and Tourism; Chief of Inspectorate
established by the Minister of Construction has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 50.000.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
dd) Implement remedial
measures specified in Article 4 of this Decree.”.
Article
13. Addition of Article 24b
“Article 24b.
Jurisdiction of maritime administration and waterways administration
1. Chief representative
of maritime administration or waterways administration has the jurisdiction to:
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b) Impose a fine of up to
VND 12.500.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation if its value does not
exceed VND 25.000.000;
dd) Implement remedial
measures specified in Article 4 of this Decree.
2. Director of maritime
administration or waterways administration has the jurisdiction to:
a) Issue warning;
b) Impose a fine of up to
VND 25.000.000;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
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Article
14. Amendments to Article 25
“Article 25.
Determination of jurisdiction to impose penalties for administrative violations
against regulations on tourism
1. Chairpersons of
People’s Committees at all levels have the jurisdiction to make administrative
violation records, and impose administrative penalties and remedial measures on
administrative violations prescribed in Chapter II of this Decree.
2. Directors of
Departments of Culture, Sports and Tourism and Departments of Tourism; Chief of
Inspectorate established by Director of the Vietnam National Authority of
Tourism; Director of the Vietnam National Authority of Tourism; Chief of Office
of the Ministry of Culture, Sports and Tourism; Chief of Inspectorate
established by the Ministry of Culture, Sports and Tourism have the
jurisdiction to impose penalties for administrative violations specified in
Chapter II of this Decree; point d clause 9 Article 21 of the Decree No.
282/2025/ND-CP and point c clause 2 Article 52 the Government’s Decree No.
122/2021/ND-CP dated December 28, 2021.
3. Director of Road
Management Unit affiliated to Department for Roads of Vietnam; Director of
Northern Maritime and Waterway Branch; Director of Southern Maritime and
Waterway Branch; Director of maritime administration or waterways
administration; Director of Department of Construction; Chief of Inspectorate
established by Director of Department for Roads of Vietnam; Chief of
Inspectorate established by Director of Vietnam Maritime and Waterway Administration;
Vietnam Maritime Inspectorate; Director of Vietnam Maritime and Waterway
Administration; Director of Department for Roads of Vietnam; Chief of
Inspectorate established by the Minister of Construction have the jurisdiction
to impose penalties for administrative violations specified in Articles 17 and
18 of this Decree.
4. Director of Department
of Overseas Labour has the jurisdiction to impose penalties for administrative violations
specified in point a clause 5, point d clause 13 Article 7; failure to reach
employment agreements with tour operators or tour guide service providers as
prescribed point d clause 5, clause 9 Article 9 of this Decree.
5. Director of Department
of Environment has the jurisdiction to impose penalties for administrative
violations specified in clause 4 Article 11; point a, clause 5 Article 13;
point e clause 3, points g, h and i clause 4; point b clause 5 Article 16 of
this Decree.
6. Directors of Department
of Industry and Trade and market surveillance authorities have the jurisdiction
to impose penalties for administrative violations specified in point a clause
3, point c clause 4 Article 6; point b clause 3 Article 8; point c clause 1,
clause 4 Article 10; clause 1, point h clause 4 Article 13 of this
Decree.
7. Border Guards have the
jurisdiction to impose penalties for administrative violations specified in
point a clause 3, point c clause 4, clauses 5, 6 and 7 Article 6; clause 1,
point dd clause 2, clause 4, point a clause 5, point c clause 7, point b clause
8, points a and c clause 9, clause 10 and clause 13a Article 7; clauses 1, 2,
3, 4 and 5, points b and c clause 6, clauses 7, 8 and 9 Article 9; Article 14;
clauses 2, 3, 4, 5, 6 and 7 Article 15; Articles 17 and 18 of this Decree.
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9. People’s Police Force
has the jurisdiction to impose penalties for administrative violations
specified in points a and b of clause 3, points a and c of clause 4, clauses 5,
6 and 7 of Article 6; clause 1, points b and c of clause 2, points a and c of
clause 4, point c of clause 8, points b, c and d of clause 9, point d of clause
13, clause 13a, point dd of clause 14 of Article 7; clauses 6 and 7 of Article
8; clauses 3 and 4, points a and b of clause 6, clauses 7, 8 and 9 of Article
9; clause 6 of Article 10; clause 4 of Article 12; point b of clause 5 of
Article 13; Article 14; Clauses 2, 3, 4, 5, 6, 7 and 8 of Article 15; clause 1,
point a of clause 2, point c of clause 3, points k and l of clause 4, point a
of clause 5 of Article 16 and Article 17 of this Decree.”.
Article
15. Amendments to clauses 1 and 2 Article 26
“1. Persons having the
jurisdiction to impose penalties for administrative violations specified in
Article 19 thru Article 24b of this Decree may make violation records in
conformity with their functions, tasks and powers as assigned in Article 25 of
this Decree.
2. Civil servants and
employees assigned to conduct inspections in the tourism field may make
administrative violation records and transfer administrative violation dossiers
to persons having the jurisdiction to impose penalties to impose penalties in
accordance with the law.”
Article
16. Implementation clauses
This Decree takes effect
from the date February 15, 2026.
Article
17. Transition clauses
In case administrative
violation dossiers are being processed, decisions to impose administrative
penalties have been issued or have been completely executed before the
effective date of this Decree but organizations and individuals incurring such
penalties lodge complaints, regulations of the Government’s Decree No.
45/2019/ND-CP dated May 21, 2019; the Government's Decree No. 129/2021/ND-CP
dated December 30, 2021 shall apply.
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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Mai Van Chinh